[F16 Requirements for haulage facilities.E+W+S
(1)The provisions of this section shall have effect where the [F2appropriate forestry authority] are of opinion that insufficient facilities exist for the haulage of timber from any wood or forest to a road, railway or waterway.
(2)Subject to the following subsections, the [F2appropriate forestry authority] may, where they are of the said opinion, make an order that the owner and occupier of any land shall afford the necessary facilities, subject to payment by the person in whose favour the order is made of reasonable rent or wayleave and of compensation for any damage caused by the haulage, and the owner or occupier shall thereupon comply with the order.
(3)The [F2appropriate forestry authority] shall not make an order under this section until the person proposed to be required to give the said facilities has had an opportunity of being heard.
[F3(4)a person aggrieved by an order under this section may–
(a)where the order is made in respect of land in [F4England or Wales], appeal therefrom to the Minister in such manner and upon such conditions, if any, as may be prescribed by the Minister, who may thereupon revoke or vary the order; F5 ...
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(5)The amount of rent or wayleave and compensation for damage which is payable in consequence of an order made under this section shall, in default of agreement, be assessed F6...—
(a)in a case relating to [F4England or Wales], by a single arbitrator appointed by the President of the Royal Institution of Chartered Surveyors; F7 ...
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Act repealed (S.) (1.4.2019) by Forestry and Land Management (Scotland) Act 2018 (asp 8), s. 85(2), sch. 2 (with ss. 80, 83); S.S.I. 2019/47, reg. 2 (with transitional provisions and savings in regs. 3-22 (as amended (18.3.2021) by The Forestry and Land Management (Scotland) Act 2018 (Consequential, Saving and Transitional Provisions) Regulations 2021 (S.S.I. 2021/44), regs. 1(1), 11(2)(b)(3)(a)))
F2Words in s. 6 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 47(2) (with Sch. 7)
F3S. 6(4) substituted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(7)
F4Words in s. 6 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 47(3) (with Sch. 7)
F5S. 6(4)(b) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 8(a); S.S.I. 2019/47, reg. 2
F6Words in s. 6(5) omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 8(b)(i); S.S.I. 2019/47, reg. 2
F7S. 6(5)(b) and word omitted (1.4.2019) by virtue of The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019 (S.I. 2019/734), reg. 1(2), Sch. para. 8(b)(ii); S.S.I. 2019/47, reg. 2